Two petitions seeking harassment restraining orders, with a connection to the allegations of voter fraud last fall, did not have a legal basis to continue, a Crow Wing County District Court judge found Wednesday.
That was the decision during nearly three hours of court proceedings, testimony and voice mail recordings before Judge Earl E. Maus.
At issue was whether a single voice mail - left following an allegation of voter fraud in Crow Wing County - met the burden of proof for harassment. The court case had one petitioner in tears and a dispute as to whether a sound on a voice mail was that of a gun being cocked.
Maus said the court can infer there was a misunderstanding but there was no basis in law for the restraining order, which comes after a pattern of behavior and not a single instance.
Maus listened to the voice mail recording twice, getting copies of the call from Brook Mallak, Baxter attorney representing Lynn Peterson, owner of Clark Lake Homes, and from petitioner Ron Kaus, who represented himself.
Clark Lake Homes serves residents with disabilities. A second petition for a harassment restraining order against Peterson was made on behalf of James Stene by his parents Alan and Sharon Stene.
James Stene was one of the Clark Lake Homes residents who voted at the Crow Wing County Historic Courthouse in the general election in November. The voice mail in evidence was from a call made by Peterson to Alan and Sharon Stene.
In November, Montgomery Jensen of Crow Wing Township filed a complaint with Crow Wing County attorney Don Ryan's office saying he witnessed what appeared to be staff members from a group home filling out a client's ballot and verbally instructing a client who to vote for during absentee balloting. Allegations of the voter fraud went online, including a YouTube video. After an investigation, Ryan said he didn't have evidence to charge anyone for voter assistance fraud.
Kaus said he wasn't named in the voice mail but the Minnesota Freedom Council was mentioned. Kaus interviewed Jensen and put up a video on the Internet in his role as a Minnesota Freedom Council volunteer. After the video, Kaus said Peterson contacted his former boss to say he didn't want Kaus to service office equipment at Clark Lake Homes. Kaus worked for The Office Shop, owned by Scott Johnson.
Peterson testified after the allegation of voter fraud, Kaus showed up unannounced at Clark Lake Homes without being called for a service need. Peterson said after the video he has concerns for confidentiality at his business and asked The Office Shop owner, who is a personal friend, not to send Kaus in the future.
Johnson testified that request was honored and Kaus did not have any reduction in pay or hours as a result. Johnson said with other service personnel, there wasn't a problem with sending a different technician.
The voice mail recorded Peterson talking about the voter fraud allegation, mentioning the Minnesota Freedom Council and saying his organization provided transportation to residents who wanted to vote.
In the voice mail left for the Stenes, Peterson said he was coming for them and they better hang on. Kaus and Sharon Stene told the court they heard the sound of a gun being cocked near the conclusion of the message.
Representing himself, Kaus testified on his own behalf in the witness chair and, seated at a table before the judge, also questioned witnesses. Kaus said he couldn't afford an attorney and was filing a request for a restraining order because he felt threatened. Kaus said he is the face of the Minnesota Freedom Council, which has four members. Guy Green, who said he was a founding member of the Minnesota Freedom Council, was a witness for Kaus. Green said the Minnesota Freedom Council was involved in the voter fraud allegations, in candidate forums and political matters in the community.
In regard to the sound Kaus and Sharon Stene described as a gun cocking, Peterson testified he left the voice mail message from his office in the presence of his son and in the group home where weapons are not allowed. Peterson said the only mechanical noise he could imagine making the sound was from the movement of his office chair before he banged the phone down.
Peterson took the stand and said he did not intend to threaten to harm anyone and didn't have a firearm when he made the call. Peterson said he was referring to legal action for what he described as defamation.
Mallak said nothing the petitioners brought forward rose to the legal remedy of the restraining order. Mallak said there were no repeated instances and no adverse effect on Kaus.
Both sides agreed Kaus wasn't demoted, didn't lose pay or hours and that he later left his job at The Office Shop after more than 20 years voluntarily and was moving to Duluth. Johnson said it was out of the ordinary to go to a business without a service call first.
Peterson later went to The Office Shop twice in one day, buying file cabinets, and returning he said to talk to Johnson. Peterson said he gave Johnson secretary of state flyers regarding voting he assumed would end up in Kaus' hands. Kaus had the day off.
As he was leaving, Peterson said he passed a police officer who received a call that Peterson was causing a disturbance. Johnson said the officer told him he talked to Kaus. Johnson and the officer went to each staff member asking if Peterson had caused a disturbance. Johnson said all said no.
Kaus told the court he felt this was a double standard to have Peterson at The Office Shop since he wasn't allowed in Peterson's office.
Peterson said he hasn't had contact with Kaus since last fall. He said he made the call and left the voice mail for the Stenes after he received a call from Fox News asking for a comment.
In the end, Kaus said he was an average person and he just wanted to be left alone, adding he wasn't after Peterson or Clark Lake Homes.
"I just want to go and not be disturbed," Kaus said.
Maus said the noise on the voice mail could be a lot of things and perhaps in Kaus' mind it is a gun shot, but there is not evidence to prove it and Maus said, after listening to the recording twice, he did not hear that well enough to know. As for talk about a lawsuit, Maus said that may make people feel threatened but it is not saying anyone is going to be harmed. A handwritten note with a question mark about defying the law on the copy of the secretary of state's flyer could be marginal, Maus said.
But Maus said he didn't think there would be problems in the future for Peterson or Kaus as they could agree to disagree and leave it at that.
"People are entitled to have a difference of opinion," Maus said. "That's what makes this country great."
With the voice mail part of the Stenes' request for the harassment restraining order as well, their hearing was much shorter in duration. Mallak made a motion to dismiss, which Maus granted.
After the judge said the legal requirement to meet restraining order wasn't met by the voice mail alone, Alan Stene said he wanted to present evidence during the hearing regarding statutes for his son's protection and regarding retaliation.
Sharon Stene grew emotional and wiped away tears as she told the judge the voice mail message scared her to death and no one seemed concerned about that.
"I know a threat," she said.
Maus said the law is complex and the Stenes may have a case, he wasn't saying they didn't, but the restraining order wasn't the venue to hear the retaliation claim.
"Sometimes what is legal is not right," Alan Stene said, adding they couldn't afford an attorney but thought they could present evidence at the hearing. He said there are ethical standards in question here. Maus said the dismissal Wednesday did not prohibit the Stenes from other legal action.
"I know what's right and wrong," Stene said, adding he didn't want to call the legal action multi-faceted because it's not a diamond. "It is about the ugliest thing I've ever seen in my life."
Stene said they understood Maus' decision and would look to a higher power for what will happen next. Whatever happened in court was going to be ordained, Stene said.
Maus said he hopes any other action will take place in a court of law and not between the individual parties before him at the opposing tables.
RENEE RICHARDSON may be reached at renee.richardson@brainerddispatch.com or 855-5852.
Comments (56)
Add commentNepotism is at home in crow wing county
It is a sad day when a care provider would say “You better hang on because I’m coming for you” when you’re a concerned parent. I don’t care what’s going on that’s just uncalled for! It makes you wonder want happens when his residents challenge him. What’s with the owner of the office shop, it sounds like he is involved in more ways than this article states, (he is a personal friend of Peterson’s no wonder he is covering for him). It’s odd that Peterson would leave a flyer with the owner of the office shops secretary if he wasn’t trying to make a point, possibly take Kaus’s job or harass him in the work place. By the owner of the office showing up in court I’m betting Kaus was getting harassed at work. The nepotism here is unreal. I was in law enforcement and last time I check if a person made a statement like(“You better hang on because I’m coming for you”) not only would the court issue a restraining order they would slap a 5th degree assault if the person had the means to carry out the threats. The people of crow Wing County need to take back their county and vote out these judges, county attorney and sheriff that spend so much time trying to not do their job.
Lynn Peterson's Voice Mail
I did some looking around and found the Voice Mail. Now you can be the judge. You can listen to Lynn Peterson’s V-Mail to the family by going to http://minnesotafreedom.org/ it's on their front page. That sure doesn’t sound like a chair to me.
sad
cover up, cover up, cover up.
this county is awash in corruption. this case needs to be pushed outside of the county. the county is obviously unable and unwilling to look inside its own house.
no harm, no foul, no charges. just what does someone have to DO before county authorities acknowledge that a crime has been committed, confess to it?
Poor, poor cyber bullies
What's this? The cyber bullies of the Minnesota Freedom Council crying "foul, we are the wronged parties"?
After all the hidden camera YouTube video attack jobs produced by Ron Kaus, he just wants to be left alone?
It wouldn't surprise me to find out he dubbed in some 'helpful' noises in that recorded message.
Just to see the Minnesota Freedom Council featuring an anti-bullying message (please protect us from bullies) on their web site would be laughable, if they hadn't been so viciously vindictive in their campaigning against the very people they now claim to be seeking protection and help from.
Karma's a [filtered word] boys.
Re: Moderator?
No barnet69, we didn't touch that post.
Because we're not here 24/7, we've been trying out a new module on the system to filter out some foul words, saving our members from reading the words and then having to wait for their abuse reports to reach us before action is taken.
Very similar to the system we had prior to this new website.
Voice mail recorded Peterson talking about the voter fraud
The voice mail also included Peterson telling the Stenes about their son, James.
Verbatim:
“Your son had every right to go there – he went…and he chose to go.
You know my only involvement as a provider, is to provide access. Provide a ride down there…and if needed…assist them in filling out a ballot which your son didn’t require any assistance…in that regard.”
Is it your contention then Lynn Peterson that James Stene requested to vote and subsequently filled out his own ballot?
In order for James to “choose to go,” from what options did he choose and who provided them and why?
Lynn Peterson, are you maintaining James Stene filled out his own ballot?
According to James Steen’s parents, James does not have the mental capacity required to fill out his own ballot or anybody else’s ballot, as you seem to favor Mr. Peterson.
Is this a blatant case of C.Y.A?
And why, doesn’t the Dispatch Reporter include the above portion of the voice mail?
Jeff Czeczok
Eyolf, please allow me to draw you a picture.
James Stene had zero desire to vote and was transported to the voting place by people that took liberties with his vote.
Do you require that I color the picture too?
Jeff
In Lynn Petersons defense
I think it is sad how blown out of proportion this whole story has become. I can personally testify that Lynn Peterson is a good hearted and harmless human being. He has put his heart and soul into his homes and he cares deeply for every single client. I also know James and he is a fun guy and he was taken very good care of in his home by Lynn and all staff, and he was happy there, he also has come a long way from the day he first arrived at Clark Lake. I am a former employee of Clark Lake and Lynn and his family were great to me and my family during some very tough times, they treat their employee's like family and they treat all their clients like family. They are wonderful people. As far as the voice mail I think people are hearing what they wanna hear!! Seriously... people need to get a life and leave the Petersons alone!!
Peterson vs Crybabies
Sounds to me like Peterson wins.
There has been no laws broken.
The cry babies comments listed above will continue to bawl as they choose to sit in their dirty diapers, developing a rash...
Peterson runs his company with integrity. His wards are given more care, attention and compassion than most any place that helps the vulnerable.
Peterson goes above and beyond what is expected when it comes to his care of the vulnerable adults that are in his homes. His staff and facilities are run with excellence.
Cry all you want babies Peterson has done NOTHING against the law and has more backing than the 3 or 4 of you wah wah pee pee pants commenting on this forum.
Change your diapers and get over yourselves :)
wasn't their original target 'the unions?'
correct me if I am wrong, it's been awhile....all I know is an acquaintance of mine had a sheriff at her door asking her questions about assisting voters at the courthouse. She was no where in the vicinity. They targeted union people.
CLGH is private, not union. What if the owner freaked out about the allegations? Anyone probably would have if the TP came after them like that. Group Home employees are trained before elections on what they can and cannot legally do.
denton just outlaws those that offend him personally
sorry excuse of an editor
Vulnerable adults should be
Vulnerable adults should be protected from every type of abuse.
Involuntary servitude is one form of abuse and is often most difficult to identify.
Some group homes will provide transportation to voting places and actually manipulate residents into voting.
There are myriads of ways manipulation of this sort can occur. Simplistic forms of forcing, compelling, coercing or enticing vulnerable adults to perform services for another’s advantage are ways the most vulnerable among us are manipulated into performing acts of involuntary servitude.
James Stene told the Crow Wing County Commissioners he was made to vote.
When a person says “I was made to do something” and does not benefit, that defines involuntary servitude and is considered maltreatment.
Maltreatment is another word for abuse and punishment should fall as stringently upon group home operators who manipulate residents into voting, as much as those who physically, mentally or emotionally abuse their residents.
Jeff Czeczok
You’re right Eyolf. A little
You’re right Eyolf.
A little exploitation cooks out well.
No fuss, no muss. God bless us.
is it possible
the young man did ask to vote on Nov. 2nd
but then said he did not want to now - to please his father?
I get a feeling that this young man is being made a pawn in this game...how sad, that's abuse to me. How stressful for him.
Magnificent Marsbar!
Marsbar,
A father learns of his son’s manipulation and exploitation occurring 4 months past.
The man knows his son was exposed to maltreatment because he knows his son’s abilities and understands what life functions his son can participate in and what activities he cannot.
The man stops his life to protect his son from further abuse, then in an ultimate act of protection and genuine concern for his son’s well being; the man decides to “use” his son as a pawn.
The father positions himself in a situation whereby scrutiny from the lowest levels of scum from within this community falls upon him.
The man subjects himself, his wife, and his son to bias and ridicule because he’s on a mission to accomplish, what, exactly?
For you to suggest that a father with his son’s genuine best interest at heart would stoop to such a level of contempt for his son, leaves me to conclude that you are a creature of magnificent disdain.
Jeff Czeczok
I can't conclude for sure it
I can't conclude for sure it was a cocked gun. In fact, the very last sentence (threatening a lawsuit) pretty much nulls the point of using a gun, doesn't it?
At no point was a physical threat spoken in the message. There is no context for someone to believe that the sound was a gun.
Sure it was a poor choice of words to use by Peterson, but could also be implied to be a warning of an upcoming lawsuit.
But hey, are you going to take the word of a respected judge or a website that lists President Obama as an "Enemy of America"?
?
Why does everybody assume that if Steene was coached on who to vote for, he would have been made to vote DFL? Peterson is pretty conservative.
Vincent, if this father was
Vincent, if this father was so concerned and involved in his son's life - why didn't he know about this before 4 months had passed?
Smart Guy
I completely agree with your message about Mr. Peterson's voicemail. I feel that this Minnesota Freedom Council consisting of four members and using the state's name really blew this gun thing out of proportion. I have been following up on there web-site since the voter fraud allegations and they have been very vindictive, harassing people. They seem to not believe in the government, military, or the president and would like to hold people to their set of laws. If Mr.Stene was fully in this for his son why involve the MFC? One other thing the MFC has wasted county tax dollars on an investigation that has been closed without anything substantiated. What is there use for having that voice mail anyway? Defamation? I think Mr. Peterson was spot on with his voice mail people need to defend themselves from these people and the Stene's are associated with this group. I mean they all show up at court together from reading the paper. I think the only victims here are the people that buy in to the MFC radical views I mean don't drink the kool-aid, four people and using the state's name. I would hate to have a phone conversation with any of the members and [filtered word] because I may end up in court discussing the sound of it for four hours.
One other opinion
I feel that this MFC (4members) has taken a lot from the people in this community and county. We have great people in our offices in CWC, and there were elected their by the people of CWC. The members consisting of Guy Green, Ron Kaus, Jeff Czeczock , and Montgomery Jensen continue to write terrible things on these blogs and I am sure we all know who is who because they repeat themselves on here about 50 times. There is so many good people that are care providers. You wouldn't be able to see that because none of you have ever had to care for anyone in your lives but your politically misguided and damaging persona's. I have followed these blogs as well and it's the same thing over and over this opinion I mean it's not a gun by the court of law, but that means nothing to these people. Read up on Martin Harvey a Rep. Lawmaker in N.H. stated that all physically disabled, mentally disabled, homeless, and elderly show be shipped off to Syberia to starve and die. MFC and its members continue to say harmful things, Why? Because the systems that have been built in this great Country don't favor you?
Let's give "Smartguy" a chance
Let's give "Smartguy" a chance to prove his stage name is not a cruel joke.
If you can't conclude for sure the sound is NOT a gun being cocked, "Smartguy," maybe you could enlighten us as to what else it COULD have been? (Keep in mind that the "Five people opening cans of Diet Pepsi in an exquisitely perfect succession" has already been tried.) It seems to me you are conceding that it very well may have been a gun cocking. How's that for context?
Also, tell us exactly what was surely "a poor choice of words by Peterson." Could some of them be "You guys are not protected, I'm coming for you," etc, etc? How's that for "context?" Or could you simply mean the retaliatory and callous dressing down of clients from whom he profited handsomely for fifteen years? The total absence of concern for parents of a vulnerable adult who genuinely felt their son, along with others, had been violated? Do you have any of those concerns? AT ALL?
Lastly, is the Judge also to be respected for his statements, paraphrased by the reporter as, "Maus said the law is complex and the Stenes may have a case, he wasn't saying they didn't, but the restraining order wasn't the venue to hear the retaliation claim."
But, heck. Who are you going to believe, a parent who is protecting his vulnerable son, or the anonymous poster who judges everyone by how they feel about President Obama.?
JVC
CrowWingCitizen
Way to go.I wish the rest of these cry babies get a life,and soon.What a waste of our tax dollors,since they are on the internet all day,we as tax payers are supporting them too.
How said this counrty has become.
We need to take our community
We need to take our community back from these types of people. We are a strong community and represent stronger things than these opinions of the MFC. Lynn Peterson stood up for what was right and lawful. The MFC and its four members have displayed ill thoughts and misdeeds. The court of law has found nothing there is nothing. These four people have a political objective and are destroying the very thing our (real) founding fathers built.
Vince, (void of tact)
Vincent, let me take some of your spew and dissect it.
"Let's give "Smartguy" a chance to prove his stage name is not a cruel joke." . . . . . the personal attack does wonders for your argument
:If you can't conclude for sure the sound is NOT a gun being cocked, "Smartguy," maybe you could enlighten us as to what else it COULD have been?" . . . . . . . . . .I don’t know what it could have been, but based on the last words of the message, I have no reason to believe it was a gun. What I can tell you is there is DOUBT as to whether or not it could be a gun. BTW, has anyone checked to see if Peterson owns a gun?
:It seems to me you are conceding that it very well may have been a gun cocking. How's that for context?" . . . . . .. .sure it could have been a gun being cocked, just like a mosquito might bite me today. Odds are low, but the probability cannot be erased.
"Also, tell us exactly what was surely "a poor choice of words by Peterson." Could some of them be "You guys are not protected, I'm coming for you," etc, etc? " . . . . . . . . . . .yep, those are the words and in no way do they prove he would hurt them physically. If he would have said “I’ll shoot you” or if he even mentioned he had a gun, I would take these words as a serious physical threat.
"Or could you simply mean the retaliatory and callous dressing down of clients from whom he profited handsomely for fifteen years?" . . . . . . . . . .how does this prove he had a gun? That’s an entirely different part of this and has no direct bearing to the cocking of a gun.
"The total absence of concern for parents of a vulnerable adult who genuinely felt their son, along with others, had been violated? Do you have any of those concerns? AT ALL? ". . . . . . . . .who are you to judge my level of concern? Where is your level of concern for the integrity of the legal system, you know, that thing that the MFC places high importance on?
"Lastly, is the Judge also to be respected for his statements, paraphrased by the reporter as, "Maus said the law is complex and the Stenes may have a case, he wasn't saying they didn't, but the restraining order wasn't the venue to hear the retaliation claim." . . . .. and your point is?
"But, heck. Who are you going to believe, a parent who is protecting his vulnerable son, or the anonymous poster who judges everyone by how they feel about President Obama.? ". . . . . . .I think its funny how you of all people are accusing me of being judgmental. As for the Obama thing, I’m simply demonstrating MFC’s words cannot be taken at serious hglance when the bulk of their speech is conspiracy theory rhetoric that besmirches rational thought and common decency.
I have wasted 10 minutes responding to your whining (what is it with these Righty whiners?). Time to eat lunch
Crow Wing Citizen
I agree with you! Some people are so upset at themselves they have to pollute the lives of those around them.
Racelikeagirl, you asked...
Racelikeagirl,
You asked:
“If this father was so concerned and involved in his son's life - why didn't he know about this before 4 months had passed?”
James Stene’s father lives in Montana and as you should be able to understand, his involvement is subject to and limited to distance.
His concerns however, do not diminish because of being physically separated by hundreds of miles.
James Stene’s parents did, in person, review James’ activities in late November.
The group home provided information as to how James participated in activities such as the times and dates he visited a park, a restaurant like McDonalds and various activities you’d expect residents living in group homes might take part.
One little thing, though, that the Stenes were not informed of during their visit, was how their son James, having never voted once in his life, participated in a civic function in which he had no history of interest.
Interesting how an important piece of information was left out of a report of activities, isn’t it?
Awfully quick to judge the Stenes, aren’t you Racegirl?
Why, I wonder?
Note to Moderator:
I am not, nor, to my knowledge, is Montgomery Jensen, a member of the Minnesota Freedom Council.
I cannot speak for Mr. Jensen though, as I've never met, nor spoke with him.
Jeff Czeczok
BLAH BLAH BLAH
Vincent you need to find a hobby....Maybe you n Barnett69 could go start your own website so the people on these forums could have a debate without your drivel being posted on every available comment thread...just sayin...
Vincent...
Mr. Stene stated himself that he "just found out about this from a close and personal friend". Really? He lives in Montana. Not the North Pole. They have phones, don't they? If this was such an important issue, wouldn't this have been communicated months ago? And from the video from the County Board meeting, Don Ryan stated he personally asked James if he was made to vote and his reponse to Don was, No - he wanted to vote. Then, in the presence of his dad, he responded that he was made to vote. Hmmm...
Great Scott!
Hey! Love all you drama queens!
You’ve made an interesting observation
Racelikeagirl,
You’ve made an interesting observation now, haven’t you.
But why, Racelikeagirl, do you ignore the fact the group home never informed the Stenes of James’ voting activity during a regular report?
And why, do you take County Attorney Ryan’s hearsay testimony above what James Stene stated himself publicly?
Your agenda is crystal clear Racelikeagirl, as is your absence of any concern whatsoever that James Stene and other vulnerable adults have been exploited.
Why do you persist in assuming guilt of Stene’s father and adhere to the innocence of the County Attorney?
Which of those two individuals would have more to conceal on this issue?
You seem to assume a father who cannot afford an attorney is guilty, but a County Official and business owner, both with political and financial stakes in play, are automatically innocent as little lambs.
You seem oddly and determinedly closed—minded.
FYI, the names of the group home residents who “voted” weren’t discovered until months after the election following extensive research.
JVC